LEGAL ASPECTS OF BUSINESS COMPETITION IN RELATION TO THE MECHANISM OF PREVENTING BANKING INDUSTRY TENDER CONSULTATIONS IN INDONESIA
DOI:
https://doi.org/10.53555/nnbma.v9i6.1720Keywords:
Banking institutions, tender conspiracy, business competitionAbstract
Everyone wants a decent life for himself and those around him, and the state has the responsibility to provide for the welfare of its people, as stated in the 1945 Constitution.This study aims to examine the role of banking institutions in the welfare of society and support national development in Indonesia. In the 1945 Constitution, Article 33 has stipulated that economic development must achieve social justice for all people through a welfare approach and market mechanisms. The concept of economic democracy emphasizes the importance of the prosperity of society as a whole, and the principle of welfare is also recognized in Pancasila and social welfare laws. However, despite having a strategic role in the welfare of the people and supporting national development, the banking industry in Indonesia is often involved in law violations such as corruption. and collusion. These practices can hinder economic growth and equity at the national level. One example of a violation that often occurs is bid rigging in the banking industry, which harms the public interest and violates the principle of fair business competition. This research also highlights the importance of efforts to prevent and take action against these violating practices. These steps are important to ensure the continuity of fair business competition and to build public trust in the government and related institutions. In this context, this study presents an analysis of the efforts that have been made and recommendations for improving law enforcement and preventing corruption in the banking industry.
References
Galuh Puspaningrum. Business Competition Law: Agreements and Activities Prohibited Under Indonesian Business Competition Law. Yogyakarta: Aswaja Pressindo, 2013, 45. Please, M. Yahya. Civil Procedure Code: An Introduction. Jakarta: Sinar Graphics, 2013, 155.
Kamal, M. Business Competition Law: (Theory and Practice in Indonesia). Jakarta: Rajawali Press, 2010.
Commission for the Supervision of Business Competition. "Draft Guidelines Concerning Prohibition of Tender Conspiracy Based on Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition." KPPU Journal 25, no. 5 (2004): 11.
Margono, S. Anti-Monopoly Law. Jakarta: Sinar Graphics, 2009, 29.
Nugroho, S.A. Business Competition Law in Indonesia. Jakarta: PT. Citra Aditya Bakti, 2015.
Pardede, S. "Business Competition Law: Implementation of Duties and Authorities of KPPU RI in Supervising the Activities of the Business Business World." KPPU's Dialogue Meeting with Business Actors, 2004.
Sihombing, R. "Legal Protection of the Interests of Tender Participants in the Perspective of State Administrative Law." Journal of State Administrative Law 6, no. 1 (2018): 54-67.
Siswanto, A. Business Competition Law. Jakarta: Ghalia Indonesia, 2004, 67.
Sutrisno, I. "The Philosophy Behind the Issuance of Law Number 5 of 1999." In Proceedings:
SeriesWorkshop Limited Bankruptcy Law and Other Business Law Wawman: Law Number 5 of 1999 and KPPU, edited by Emrny Yuhassarie, 6. Jakarta: Center for Legal Studies and the Supreme Court, 1999.
Wibowo, D., & Sinaga, H. Law of Business Competition Procedures. Jakarta: Raja Grafindo Persada, 2005, 81.
Downloads
Published
Issue
Section
License
Copyright (c) 2023 Journal of Advance Research in Business Management and Accounting (ISSN: 2456-3544)
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Terms & Condition
Submission -
Author can submit the manuscript through our online submission process or email us at the designated email id in contact details.
The other mode of submission not accepted than online and email.
Before submission please read the submission guidelines.
NN Publication accepts only article submitted in pdf/doc/docx/rtf file format. Another format except given file formats will no be considered .
Author will be responsible for the error mistakes in the submission files. The minor changes can be done without any cost after publication. But for major changes NN Publication may charges you the editing charges.
Publication (Online) -
The online publication is scheduled on last date of every month, but it can be delayed by 24 to 48 hours due to editorial process if huge number of articles comes to publish in single issue.
Automatic notification email will be sent to the all users on publication of an issue, so its author’s duty to check their email inbox or SPAM folder to get this notification.
After publication of article author can not withdraw their article.
If editor’s found any issue after publication of article then the NN Publication have the authority to remove the article from online website.
No refund will be provided after online publication of article.
Publication (Print) -
The print copy publication are sent as per the author’s request after 2 weeks of online publication of that issue.
NN Publication will ship the article by India Post and provide the consignment number on dispatch of print copy.
NN Publication follows all the guidelines of delivery provided by India Post and hence not responsible for delay in delivery due to any kind of reasons.
Refund of hard copy will not be provided after dispatch or print of the journal.
NN Publication will be responsible for raise a complain if there is any issue occurs in delivery, but still will not be responsible for providing the refund.
NN Publication will be responsible to resend the print copy only and only if the print copy is lost or print copy is damaged in delivery / or there is delay more than 6 months.
According to India Post the delivery should be completed with in 1-3 weeks after dispatch of articles.
Privacy Policy-
NN Publication uses the email ids of authors and editors and readers for sending editorial or publication notification only, we do not reveal or sell the email ids to any other website or company.
